Understand the discussion about the PEC for the extinction of the 6×1 matchday

Discussions about a Proposed Amendment to the Constitution (PEC) by congresswoman Erika Hilton (Psol-SP) dominated social media over the weekend. The PEC proposes the extinction of the 6×1 working day, in which employees work for six days a week, taking one day off, for the 4×3 working day, with four days worked and three days off.

Launched by the parliamentarian on May 1st, with an announcement on her social networks, the PEC’s proposal is to amend article 7 of the Constitution, as follows:

“XIII – duration of normal work not exceeding eight hours per day and thirty-six hours per week, with a working day of four days per week, with the possibility of compensating working hours and reducing working hours, through an agreement or collective labor agreement;”

Further on, in its justifications, the text states that the reduction in working hours would be done in order to “protect the same salary and benefits for workers today”. The proposal states that the extra hours off would increase consumption, which would compensate for the reduced working hours, but does not present data, studies or projections that confirm this.

When mentioning successful experiences of 4×3 journeys in other countries, the proposal also does not consider the difference in economic and labor realities in Brazil and the rest of the world. In addition to impacting companies’ productivity, reducing working hours while maintaining remuneration, as stated in the PEC, can even have adverse effects on companies’ productivity and even put pressure on inflation.

In her networks, the deputy states that the 6×1 scale “takes away workers’ right to spend time with their family, to take care of themselves, to have fun, to look for another job or even to qualify for a better job.” “A 6×1 scale is a prison, and is incompatible with the dignity of the worker”, he wrote.

PEC needs 171 signatures to be filed with the National Congress

So far, the proposal has already received the support of 79 parliamentarians. To be filed, a PEC needs the signatures of at least one-third of the deputies – 171 out of 513. Once this stage has been overcome, it must be approved by committees and, in plenary, it needs the votes of three-fifths of the parliamentarians in the Chamber and the Senate, with two rounds of voting in each House.

See the deputies who have already signed the proposal, according to a survey on the Poder 360 website:

• Alfredinho (PT-SP)
• Alice Portugal (PcdoB-BA)
• Ana Pimentel (PT-MG)
• André Janones (Avante-MG)
• Antônia Lúcia (Republicans-AC)
• Bacelar (PV-BA)
• Benedita da Silva (PT-RJ)
• Camila Jara (PT-MS)
• Carol Dartora (PT-PR)
• Chico Alencar (Psol-RJ)
• Célia Xakriabá (Psol-MG)
• Célio Studart (PSD-CE)
• Dagoberto Nogueira (PSDB-MS)
• Daiana Santos (PCdoB-RS)
• Dandara (PT-MG)
• Delegate Adriana Accorsi (PT-GO)
• Delegate Katarina (PSD-SE)
• Denise Pessôa (PT-RS)
• Dimas Gadelha (PT-RJ)
• Dorinaldo Malafaia (PDT-AP)
• Douglas Viegas (União Brasil-SP)
• Duarte Jr. (PSB-MA)
• Duda Salabert (PDT-MG)
• Erika Hilton (Psol-SP)
• Erika Kokay (PT-DF)
• Fernanda Melchionna (Psol-RS)
• Fernando Mineiro (PT-RN)
• Fernando Rodolfo (PL-PE)
• Hoffmann Blues (PT-PR)
• Guilherme Boulos (Psol-SP)
• Ivan Valente (Psol-SP)
• Jack Rocha (PT-ES)
• Jandira Feghali (PcdoB-RJ)
• Jorge Solla (PT-BA)
• Josenildo (PDT-AP)
• Juliana Cardoso (PT-SP)
• Kiko Celeguim (PT-SP)
• Laura Carneiro (PSD-RJ)
• Leonardo Monteiro (PT-MG)
• Lindbergh Farias (PT-RJ)
• Luiz Couto (PT-PB)
• Luiza Erundina (Psol-SP)
• Luizianne Lins (PT-CE)
• Lídice da Mata (PSB-BA)
• Marcon (PT-RS)
• Marcos Tavares (PDT-RJ)
• Maria Arraes (Solidarity-PE)
• Maria do Rosário (PT-RS)
• Meire Serafim (Brazil-AC Union)
• Merlong Solano (PT-PI)
• Miguel Ângelo (PT-MG)
• Márcio Jerry (PCdoB-MA)
• Natália Bonavides (PT-RN)
• Nilto Tatto (PT-SP)
• Odair Cunha  (PT-MG)
• Orlando Silva (PCdoB-SP)
• Padre João (PT-MG)
• Pastor Henrique Vieira (Psol-RJ)
• Patrus Ananias (PT-MG)
• Paulo Guedes (PT-MG)
• Paulão (PT-AL)
• Professor Luciene Cavalcante (Psol-SP)
• Reginaldo Lopes (PT-MG)
• Reginete Bispo (PT-RS)
• Reimont (PT-RJ)
• Rogério Correia (PT-MG)
• Rubens Otoni (PT-GO)
• Saullo Vianna (União Brasil-AM)
• Socorro Neri (PP-AC)
• Stefano Aguiar (PSD-MG)
• Sâmia Bomfim (Psol-SP)
• Tadeu Veneri (PT-PR)
• Talíria Petrone (Psol-RJ)
• Tarcísio Motta (Psol-RJ)
• Túlio Gadêlha (Rede-PE)
• Vicentinho (PT-SP)
• Waldenor Pereira (PT-BA)
• Washington Quaquá (PT-RJ)
• Yandra Moura (União Brasil-SE)

Hilton stated that many deputies have moved to sign the PEC for the extinction of the 6×1 journey at an above average speed, based on their “articulation in Congress and political pressure on the networks”.

“It is common for PECs to take years and years to obtain the 171 signatures necessary to be officially presented. In less than 6 months, we are already close to half that number”, said the parliamentarian.

PT and Psol lead the signatures to file the proposal, with 40 and 12 participating parliamentarians, respectively, followed by PCdoB (5) PDT, PSD and União Brasil, with 4 signatures each, and PSB (2). Avante, PL, PP, PSDB, Rede, Republicans and Solidariedade would have one signature each, according to the Poder360 list.

1988 Constitution reduced working hours

If approved as it currently stands, the PEC would modify the Constitutional rules and also the Consolidation of Labor Laws (CLT), which was promulgated by Getúlio Vargas in January 1943. The CLT allows a working day of six consecutive days, as long as there is a minimum of a weekly rest.

Article 7 of the Constitution provides that working hours must not exceed 8 hours per day and forty-four hours per week, with one paid rest per week, preferably on Sundays. The constitutional text, however, does not specify the duration of the rest. In this case, the CLT stipulates a minimum of 24 hours of rest.

The promulgation of the 1988 Constitution changed the working day provided for in the 1934 Constitution, which was 48 hours per week, to the current 44 hours.

Extinction of the 6×1 journey is a demand for the “VAT” movement started on social media

Erika Hilton’s PEC is part of the “Life Beyond Work” movement, which has been gaining strength on social media. In September last year, Rick Azevedo, who worked as a clerk in a pharmacy, published a video in which he criticized the 6×1 journey on his Tik Tok profile.

“My revolt with the 6×1 scale was supposed to be just an outburst on social media, but it took on a surreal proportion. Today I have a mission – to defend more life beyond work,” said Azevedo.

Given the repercussion on the networks and following the advice of a lawyer friend, Rick launched a petition on the internet to collect signatures in favor of ending the 6×1 working day. As of Monday morning (11), 1.4 million people had signed.

Addressed to the National Congress, the petition proposes:

• Review of the 6×1 work schedule and the implementation of alternatives that promote a more balanced working day, allowing workers to enjoy time for their personal and family lives.
• Open and transparent public debate, involving worker representatives, employers and experts in labor rights, to find viable and fair solutions that improve working conditions in Brazil.
• Creation of worker protection policies that include the right to regular vacations, parental leave, limitation of overtime, among other measures that promote the physical and mental health of employees.
• Strict supervision to ensure compliance with new labor regulations and punishment of companies that disrespect workers’ rights.

On her networks, Erika Hilton states that she is proud, in partnership with Rick and the VAT movement, to “lead this PEC in Congress”.